M.Nallammal, v. The Joint Sub Registrar(No.1)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16967 of 2018 M. Nallammal ... Petitioner vs.

The Joint Sub Registrar (No.I), Registrar Office, Sivagangai Park, Near Thanjavur Periyakovil, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the respondent to consider the petitioner's representation dated 09.04.2018 to rectify the error made in the Sale deed No.2451 of 1977 dated 20.08.1977. For Petitioner :

Mr.G. Balumahendran For Respondent :

Mr.M.Murugan, Government Advocate.

ORDER

Mr.M.Murugan, learned Government Advocate, takes notice for the respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 09.04.2018 seeking to direct the respondent to consider the petitioner's representation dated 09.04.2018 to rectify the error made in the Sale deed No.2451 of 1977 dated 20.08.1977 has not been considered by the respondent till date and therefore, she has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 09.04.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-I) To The Joint Sub Registrar (No.I), Registrar Office, Sivagangai Park, Near Thanjavur Periyakovil, Thanjavur District.

+1CC to Mr.G. Balumahendran, Advocate, SR.No.77109 +1CC to the Special Government Pleader SR.No.76372 W.P.(MD) No. 16967 of 2018 01.08.2018 KSA ES/SKN/RSK/SAR 1/04.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/